0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

court action fails to prevent implementation of tribunal fees

11 July 2013

The Court of Session in Scotland has refused to grant an interim interdict (or injunction) which would have prevented the planned implementation of employment tribunal fees later this month.

A full hearing of the case will take place later this year. In the interim, the Lord Chancellor has given an undertaking that any fees paid after their introduction would be refunded (with interest) if the fee regime was held to be unlawful.

The new fees will come in as originally intended on 29th July, unless there is a successful appeal of this judgment or UNISON’s application for judicial review in the High Court is successful. UNISON’s argument is that the Government has acted in breach of EU law and that the fees regime will deny potential claimants access to justice.

This will be difficult to demonstrate, as the Government will rely on the need for public spending cuts across the board and that the fee remission scheme will allow access to the system for those of limited means.

related opinions

Immigration rules post Brexit

Free movement between the UK and the EU ended on 31 December 2020. Since 1 January 2021, a new points-based immigration system applies to all migrants wanting to come to the UK, whether they are EU citizens or not.

View blog

New Year, new-ish state aid rules

From 1 January 2021 the state aid principles set out in the Trade and Co-Operation Agreement are incorporated into law by the EU (Future Relationship) Act 2020.

View blog

“Please release me, let me go” Government to consult on removal of non-compete clauses

The Government has announced a consultation exercise into the possible removal of non-compete clauses in employment contracts which will run until 26 February 2021.

View blog

Increasing organisational resilience in maternity services

On 12 November 2020, the HSIB published its latest national investigation report on maternity safety - what are the likely implications for maternity services?

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up